Suresh Gianchand Kumar vs Khushali Ramnik Chawda And Rs
2022 Latest Caselaw 4412 Bom

                                                                            2-SR-23-2022.doc

         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH  LOKHANDE
LOKHANDE Date:                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2022.04.26
         18:13:50
         +0530
                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                            SHERIFF'S REPORT NO. 23 OF 2022
                                                               IN
                           COMMERCIAL EXECUTION APPLICATION NO. 588 OF 2018


                      Suresh Gianchand Kumar                                  .. Claimant
                                 Vs.
                      Ramnik Mohanlal Chawda & Anr.                           .. Respondents


                      Mohan B. Jadhav for the Claimant.
                      Rama Subramanian for the Respondents/Judgment Debtors.
                      Vishal Seth a/w. Ram Jay Narayan for Shree Sai Baba Ship Breaking.
                      Manoj Kumar Jain, Bidder is present.
                      Kiran Nainesh Sanghvi, Bidder is present.
                      Hitesh Girish Thakkar, Bidder is present.



                                                           CORAM:- B. P. COLABAWALLA,J.

DATE :- 26th APRIL, 2022.

P. C.:

1. The above Sheriff's Report is filed seeking the following

reliefs:

"(a) the Sheriff of Mumbai may be directed to open the offers received from the above bidders in sealed covers for purchase of the above suit property for Your Lordship's

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perusal;

(b) the Sheriff of Mumbai may be directed to make payment of Rs.22,000/- (Rupees Twenty Two Thousand Only) to M/s. Eureka Advertising Agency towards advertisement cost from the amount deposited by the Plaintiff;"

2. As far as prayer Clause (b) is concerned, I do not see any

problem in allowing Sheriff's Report in terms thereof. In these

circumstances, the Sheriff of Mumbai is allowed in terms of prayer

Clause (b) reproduced above. The payment of Rs. 22,000/- to M/s.

Eureka Advertising Agency shall be done by the Office of Sheriff of

Mumbai within a period of two weeks from today.

3. As far as prayer Clause (a) is concerned, I have opened the

Valuation Report given by the Valuer M/s. AT & TS Associates. This

Valuation Report is in relation to Flat Nos. 701, 702 & 703 on the 7 th

Floor of the building known as "Pushpa kunj", Off. Dixit Road, Vile

Parle (East), Mumbai - 400 057. The date of the Valuation Report is

24th February, 2020. I have perused the Valuation Report. Thereafter,

the bids of three bidders, namely, (i) M/s. Shree Saibaba Ship Breaking

Company, (ii) M/s. Hitesh Girish Thakkar & (iii) Mrs. Kiran Nainesh

Sanghavi and Mr. Nainesh Vinaykant Sanghavi, were opened in Court

today. I also gave an opportunity to the parties to bid in open Court. I

find that the highest bid given by Mrs. Kiran Nainesh Sanghavi & Mr.

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Nainesh Vinaykant Sanghavi is not commensurate with the market

value of the said flats. Further, the learned advocate appearing on behalf

of the Judgment Creditor submitted that he was not allowed to bid for

purchase of the said flats, as he was precluded from doing so because

one of the terms and conditions of the Proclamation of Sale barred the

Judgment Creditor from participating in the auction process.

4. Considering that the bid received is not commensurate with

the value of the said flats, I am unable to accept any bid today. In these

circumstances, the Sheriff of Mumbai, shall once again begin the

process of selling the aforesaid flats for which, he shall file a separate

report and seek directions from this Court.

5. It is made clear that if the Judgment Creditor wants to bid

for the said flats, he shall be allowed to do so, but on the same terms and

conditions as would be applicable to all other parties.

6. The Valuation Report of M/s. AT & TS Associates dated 24 th

February, 2020, shall be put back in sealed cover and shall not be

disclosed to any party and shall be opened only pursuant to further

orders passed by this Court in that regard.

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                                                      2-SR-23-2022.doc

7. Considering that none of the bids are accepted, the Sheriff

of Mumbai is directed to return the EMD given by the aforesaid three

bidders within a period of one week from today.

8. The Sheriff's Report is accordingly disposed of.

9. This order will be digitally signed by the Personal Assistant

of this Court. All concerned will act on production by fax or email of a

digitally signed copy of this order.

                                            ( B. P. COLABAWALLA, J. )




Ganesh Lokhande                                                   page 4 of 4